Builders’ Lien Act

The complex process of implementing new regulations for the Builders’ Lien Act took six years. Over this period of time, CANS worked closely with industry stakeholders and the Province of Nova Scotia to finalize these regulations, as they have important implications for the non-residential construction industry in Nova Scotia. All three industry recommended amendments to the Act that were proclaimed took full affect on June 30, 2017.

In 2012, CANS, with broad-based industry support, put forward amendments to the Builders’ Lien Act as part of the public consultation and review. While industry recommendations were accepted and the Act was amended in 2013, they had been awaiting acceptable regulations to support those amendments and their proclamation into law.

Those recommendations included:

The adaptation of the amendments to progressive release of holdbacks.

Amendments to the disbursement of finishing holdback.

A single-central point of publication for public notice of substantial completion.

While the first two of three amendments were welcomed early on, the third amendment was the final piece needing to be defined. CANS recommendation was to use a mandatory industry-based centralized site where contractors could register for an automated message advising them of the milestone being achieved, saving a substantial amount of time for all parties concerned. By adopting this method, industry would be better equipped to police itself while at the same time providing them with an industry-based site that would feel familiar to its participants.

Substantialperformance.com was built by the Construction Association of Nova Scotia (CANS) with broad-based industry support. The centralized electronic publication site was created to benefit our economy, industry, and protect the legal rights/responsibilities of industry participants. CANS has built a site for such purposes and is committed to making it available at no charge to all users.